Jimmy Mulligan's family today spoke of their joy that charges are to be brought in their father's case following two-and-a-half years of campaigning.

As reported in later editions of last night's Chronicle, Christopher Eade, 20, of Felling, Gateshead, has been summonsed to appear at Leeds Magistrates next week on a charge of causing death by dangerous driving.

Jimmy Mulligan (pictured), 73, died in May 2002, when he was struck by a car while waiting for a bus.

"I am sure if we had not fought for this then there would not be a prosecution taking place now.

"It was thanks to the people of the North East we had enough money to seek professional legal advice - and their support has given us the strength to continue our fight.

"We have been to the pits and back, through hope and despair and now we are delighted we have crossed the first main hurdle.

"Our fight has been to get my dad's case in to court and now we want it to go before a judge and jury so they can see what has happened in this case."

Jimmy and his friend and neighbour Ivy Clark, 85, were on Albion Street, Gateshead, near their homes, waiting for a bus to the MetroCentre.

The pensioner was resting on the edge of a bin when a H-reg silver Ford Sierra Sapphire car containing Christopher Eade and Robert Webber mounted the pavement.

The car then smashed into a concrete post which snapped in half before the saloon crashed into Jimmy and Ivy, who was standing beside him.

Jimmy, a retired driver who had four children, nine grandchildren and 15-great grandchildren, took the full force of the impact suffering head and leg injuries which caused his death. Eade and Webber left the scene.

The pair were called to a South Shields inquest in November last year but both declined to give evidence and instead police statements made at the time were read. A verdict of unlawful killing was recorded by coroner Terence Carney.

In May, Northumbria CPS said they could not support a prosecution on the evidence available to them and in August they said they couldn't charge Eade or Webber as there was no proof as to which of them was driving the car which hit Jimmy.

Speaking today, the Mulligan family's solicitor Christopher Potts said: "The family feel they have had an unnecessary added burden to their loss with the way this case has been handled.

"It has been extremely difficult for them to cope with the loss of their father and they do feel bitter that they've had to fight to get this far.

"All they wanted was to get someone into court."

CPS spokeswoman Jane Holman said: "I can confirm that we are aware that the summons has been issued.

"This is following our advice, where advice was given in accordance with our code, and we found that there was a realistic prospect of conviction. That is why the summons has been issued

"We consider cases individually and there is no set deadline for considering cases.

"I appreciate that families want a decision as soon as possible but some of these issues are very complex and it is more important that we reach the right decision instead of making a decision as quickly as possible."